Genova v. Consolidated Edison Company of New York, Inc.

Federal Civil Lawsuit New York Eastern District Court, Case No. 2:16-cv-03956
District Judge Joseph F. Bianco, presiding
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District Judge Joseph F. Bianco
Last Updated July 29, 2025 at 9:02 AM EDT (5.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [FE41CF2], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephen D. Kutner sdk@kutneresq.com

Represented by Kutner & Gurlides

Name Phone Fax E-Mail
Space Patricia Hatcliffe +1 516 746 0333
No Logo Debra Genova, Plaintiff

Represented by Kutner & Gurlides

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Patricia Hatcliffe +1 516 746 0333

Represented by Law Offices of Stephen D. Kutner

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen D. Kutner +1 516 746 0333 sdk@kutneresq.com
v.
No Logo Consolidated Edison Company of New York, Inc., Defendant

Represented by Rivkin Radler, LLP

Name Phone Fax E-Mail
Space Norman L. Tolle norman.tolle@rivkin.com
ATTORNEY TO BE NOTICED Norman Louis Tolle +1 516 357 3242 +1 516 357 3333 norman.tolle@rivkin.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Monetary Demand $200,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 24 Filed: 9/25/2017, Entered: None Unknown Document TypeCourt Filing
ORDER DISMISSING CASE voluntarily with prejudice and no costs. The clerk of the court shall close the case.. Ordered by Judge Joseph F. Bianco on 9/25/2017. (Bollbach, Jean) (Entered: 09/26/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 1/13/2017, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by Debra Genova of summons and complaint by USM285 form upon the US Atty EDNY on 1/3/17 (Bollbach, Jean) (Entered: 01/17/2017)
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Legal Document (Payment Possibly Required)  Filed: 7/21/2017, Entered: None Unknown Document Type
ORDER granting 21 Motion for Pre Motion ConferenceThe Court has received the defendants' letter requesting a pre-motion conference in anticipation of moving for summary judgment. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on August 18, 2017 at 1:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED.. Ordered by Judge Joseph F. Bianco on 7/21/2017. (Hammond, Daniel)
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Legal Document (Payment Possibly Required)  Filed: 5/22/2017, Entered: None Unknown Document Type
Electronic ORDER Setting Hearing on Motion DE 18, Letter MOTION to Compel Production of Witnesses: The Pre-trial Conference scheduled for 6/7/2017 is hereby converted into a Motion Hearing and adjourned to 6/6/2017 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 5/22/2017. (Perri, Anthony)
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Legal Document (Payment Possibly Required)  Filed: 3/28/2017, Entered: None Unknown Document Type
Electronic ORDER granting DE 16, Motion to Adjourn Conference. On consent, the Status Conference previously scheduled for April 3, 2017 is hereby adjourned to April 21, 2017 at 2:00 p.m. So Ordered by Magistrate Judge Steven I. Locke on 3/28/2017. (Perri, Anthony)
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Legal Document (Payment Possibly Required)  Filed: 12/14/2016, Entered: None Unknown Document Type
Electronic ORDER granting DE 13, Motion to Adjourn Conference. The status conference scheduled for 12/14/2016 is hereby adjourned, at the request of both the parties, and converted into a hearing on the pending motion, DE 12, to be held on January 4, 2017 at 2:30 PM in courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 12/14/2016. (Perri, Anthony)
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Legal Document (Payment Possibly Required)  Filed: 12/12/2016, Entered: None Unknown Document Type
Electronic SCHEDULING ORDER: Due to a change in the Court's Calendar, the Status Conference set for 12/14/2016 at 10:00 AM before Magistrate Judge Steven I. Locke has been rescheduled to 11:00 AM on that same date. Ordered by Magistrate Judge Steven I. Locke on 12/12/2016. (Perri, Anthony)
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Legal Document (Payment Possibly Required)  Filed: 9/29/2016, Entered: None Unknown Document Type
Electronic ORDER granting 11 Motion for Extension of Time to Complete Discovery. The parties' proposed briefing schedule is So Ordered. The deadlines contained in the Scheduling Order, DE 10, are stayed pending resolution of Defendant's motion. Ordered by Magistrate Judge Steven I. Locke on 9/29/2016. (Walsh, Kenneth)
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Legal Document (Payment Possibly Required)  Filed: 7/15/2016, Entered: None Unknown Document Type
Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 24 Filed: 9/25/2017, Entered: 9/26/2017 Court Filing
ORDER DISMISSING CASE voluntarily with prejudice and no costs. The clerk of the court shall close the case.. Ordered by Judge Joseph F. Bianco on 9/25/2017. (Bollbach, Jean)
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Legal Document (Payment Possibly Required) 23 Filed: 9/25/2017, Entered: 9/25/2017 Court Filing
STIPULATION of Dismissal to be 'so ordered' by Judge Bianco by Consolidated Edison Company of New York, Inc. (Attachments: # 1 Letter to Judge Bianco requesting that Stipulation be 'so ordered') (Tolle, Norman)
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Legal Document (Payment Possibly Required) 22 Filed: 8/18/2017, Entered: 8/22/2017 Court Filing
Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 8/18/2017, MOTION TO BE FILED BY 10/31/17RESPONSE TO BE FILED BY 11/30/17 REPLY TO BE FILED BY 12/15/17 ( oral argument set for 1/17/2018 01:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (FTR Log #1:24 - 1:27.) (Bollbach, Jean)
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Legal Document (Payment Possibly Required) 21 Filed: 7/21/2017, Entered: 7/21/2017
Letter MOTION for pre motion conference by Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 20 Filed: 6/6/2017, Entered: 6/6/2017 Court Filing
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 6/6/2017. Plaintiffs motion to compel the production of witnesses for deposition, DE 19 , is denied for the reasons set forth on the record. Plaintiffs have failed to explain how the testimony sought is germane to a conflict of interest, structural or otherwise. See Feltington v. Hartford Life Ins. Co., 14 CV 6616 (ADS) (AKT), 2016 WL 1056568 (E.D.N.Y. Mar. 15, 2016) (setting forth the standard). The parties will agree upon the administrative record on or before July 14, 2017. The parties will commence summary judgment motion practice on or before July 21, 2017. Next Status Conference set for 10/10/2017 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 6/6/2017. (Gandiosi, Kristin)
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Blank  Filed: 5/22/2017, Entered: 5/22/2017
Electronic ORDER Setting Hearing on Motion DE 18 , Letter MOTION to Compel Production of Witnesses: The Pre-trial Conference scheduled for 6/7/2017 is hereby converted into a Motion Hearing and adjourned to 6/6/2017 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 5/22/2017. (Perri, Anthony)
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Legal Document (Payment Possibly Required) 19 Filed: 5/19/2017, Entered: 5/19/2017
RESPONSE in Opposition re 18 Letter MOTION to Compel Production of Witnesses filed by Consolidated Edison Company of New York, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Tolle, Norman)
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Legal Document (Payment Possibly Required) 18 Filed: 5/4/2017, Entered: 5/4/2017
Letter MOTION to Compel Production of Witnesses by FE41CF2. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Hatcliffe, Patricia)
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Legal Document (Payment Possibly Required) 17 Filed: 4/21/2017, Entered: 4/21/2017 Court Filing
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 4/21/2017. Plaintiff will make his motion to compel on or before May 5, 2017. Defendants will file opposition on or before May 19, 2017. So Ordered by Magistrate Judge Steven I. Locke on 4/21/2017. (Gandiosi, Kristin)
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Blank  Filed: 3/28/2017, Entered: 3/28/2017
Electronic ORDER granting DE 16 , Motion to Adjourn Conference. On consent, the Status Conference previously scheduled for April 3, 2017 is hereby adjourned to April 21, 2017 at 2:00 p.m. So Ordered by Magistrate Judge Steven I. Locke on 3/28/2017. (Perri, Anthony)
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Legal Document (Payment Possibly Required) 16 Filed: 3/1/2017, Entered: 3/1/2017
Letter MOTION to Adjourn Conference by Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 15 Filed: 1/13/2017, Entered: 1/17/2017
CERTIFICATE OF SERVICE by FE41CF2 of summons and complaint by USM285 form upon the US Atty EDNY on 1/3/17 (Bollbach, Jean)
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Legal Document (Payment Possibly Required) 14 Filed: 1/4/2017, Entered: 1/4/2017 Court Filing
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Defendants motion to limit discovery, DE 12 , is denied without prejudice for the reasons set forth on the record. Plaintiff will serve her initial discovery requests on or before February 6, 2017. Defendants will serve their responses on or before March 10, 2017. The parties are reminded to be guided by Judge Tomlinsons decision in Feltington v. HartfordLife Ins. Co., 14 CV 6616, 2016 WL 1056568 (E.D.N.Y. Mar. 15, 2016). Next Status Conference set for 4/3/2017 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 1/4/2017. (Gandiosi, Kristin)
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Blank  Filed: 12/14/2016, Entered: 12/14/2016
Electronic ORDER granting DE 13 , Motion to Adjourn Conference. The status conference scheduled for 12/14/2016 is hereby adjourned, at the request of both the parties, and converted into a hearing on the pending motion, DE 12 , to be held on January 4, 2017 at 2:30 PM in courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 12/14/2016. (Perri, Anthony)
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Legal Document (Payment Possibly Required) 13 Filed: 12/12/2016, Entered: 12/12/2016
Letter MOTION to Adjourn Conference scheduled for 12/14/16 by Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 12 Filed: 10/11/2016, Entered: 10/11/2016
Notice of MOTION for Discovery by Consolidated Edison Company of New York, Inc.. (Attachments: # 1 Declaration Declaration of Norman Tolle, # 2 Exhibit Tolle Declaration Exhibit A, # 3 Exhibit Tolle Declaration Exhibit B, # 4 Exhibit Tolle Declaration Exhibit C, # 5 Certificate of Service Affirmation of Service-Notice of Motion and Tolle Declaration, # 6 Memorandum in Support Memorandum of Law, # 7 Exhibit Exhibit 1 to Memorandum of Law, # 8 Certificate of Service Affiramtion of Service for Memorandum of Law, # 9 Affidavit Affidavit of Emma Loe, # 10 Exhibit Exhibit A to Loe Affidavit, # 11 Exhibit Exhibit B to Loe Affidavit, # 12 Certificate of Service Affirmation of Service of Loe Affidavit, # 13 Affidavit in Opposition Kuttner Affirmation in Opposition, # 14 Exhibit Exhibit 1 to Kuttner Affirmation in Opposition, # 15 Exhibit Exhibit 2 to Kuttner Affirmation in Opposition, # 16 Exhibit Exhibit 3 to Kuttner Affirmation in Opposition, # 17 Exhibit Exhibit 4 to Kuttner Affirmation in Opposition, # 18 Exhibit Exhibit 5 to Kuttner Affirmation in Opposition, # 19 Exhibit Exhibit 6 to Kuttner Affirmation in Opposition, # 20 Exhibit Exhibit 7 to Kuttner Affirmation in Opposition, # 21 Memorandum in Opposition Plaintiff's Memorandum of Law, # 22 Memorandum in Support Defendant's Reply Memorandum of Law, # 23 Certificate of Service Affirmation of Service of Reply Memorandum of Law, # 24 Affidavit Loe Affidavit, # 25 Exhibit Exhibit 1 to Loe Affidavit, # 26 Exhibit Exhibit 2 to Loe Affidavit, # 27 Affidavit Hanlon Affidavit, # 28 Certificate of Service Affirmation of Service-Hanlon Affidavit) (Tolle, Norman)
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Blank  Filed: 9/29/2016, Entered: 9/29/2016
Electronic ORDER granting 11 Motion for Extension of Time to Complete Discovery. The parties' proposed briefing schedule is So Ordered. The deadlines contained in the Scheduling Order, DE 10 , are stayed pending resolution of Defendant's motion. Ordered by Magistrate Judge Steven I. Locke on 9/29/2016. (Walsh, Kenneth)
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Legal Document (Payment Possibly Required) 11 Filed: 9/28/2016, Entered: 9/28/2016
Joint MOTION for Extension of Time to Complete Discovery Joint letter request to approve the briefing schedule on the defendant's motion. Parties also request that the dates in the Sceduling Order be adjusted. by Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 10 Filed: 9/7/2016, Entered: 9/7/2016 Court Filing
SCHEDULING ORDER: Discovery deadlines set; see attached order. Next Status Conference set for 12/14/2016 in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 9/7/2016. (Gandiosi, Kristin)
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Legal Document (Payment Possibly Required) 9 Filed: 9/7/2016, Entered: 9/7/2016 Court Filing
Minute Entry for proceedings held before Magistrate Judge Steven I. Locke:Initial Conference Hearing held on 9/7/2016. A scheduling order has been entered. (Gandiosi, Kristin)
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Legal Document (Payment Possibly Required) 8 Filed: 9/1/2016, Entered: 9/1/2016
NOTICE of Appearance by Patricia Hatcliffe on behalf of FE41CF2 (aty to be noticed) (Hatcliffe, Patricia)
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Legal Document (Payment Possibly Required) 7 Filed: 9/1/2016, Entered: 9/1/2016 Court Filing
Proposed Scheduling Order by Consolidated Edison Company of New York, Inc. (Attachments: # 1 Letter to Magistrate Judge S. Locke) (Tolle, Norman)
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Legal Document (Payment Possibly Required) 6 Filed: 8/2/2016, Entered: 8/2/2016 Court Filing
ORDER: An Initial Conference is set for 9/7/2016 in Courtroom 820 before Magistrate Judge Steven I. Locke. See order and attachment. Ordered by Magistrate Judge Steven I. Locke on 8/2/2016. (Attachments: # 1 SIL Individual Rules) (Gandiosi, Kristin)
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Legal Document (Payment Possibly Required) 5 Filed: 7/19/2016, Entered: 7/19/2016
ANSWER to Complaint by Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 4 Filed: 7/15/2016, Entered: 7/15/2016
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 3 Filed: 7/15/2016, Entered: 7/15/2016
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 2 Filed: 7/15/2016, Entered: 7/15/2016
Corporate Disclosure Statement by Consolidated Edison Company of New York, Inc. identifying Corporate Parent Consolidated Edison, Inc. for Consolidated Edison Company of New York, Inc.. (Tolle, Norman)
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Legal Document (Payment Possibly Required) 1 Filed: 7/15/2016, Entered: 7/15/2016
NOTICE OF REMOVAL by Consolidated Edison Company of New York, Inc. from Supreme Court of the State of New York, Suffolk County, case number 16-05371. (Filing fee $ 400 receipt number 0207-8763032) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B) (Tolle, Norman) Modified on 7/15/2016 (Rodin, Deanna).
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